EXHIBIT 10.1 CREDIT AGREEMENT DATED AS OF OCTOBER 7, 2003Credit Agreement • October 24th, 2003 • Akorn Inc • Pharmaceutical preparations
EMPLOYMENT AGREEMENT--HAROLD O. KOCH This Employment Agreement ("Agreement") between Akorn, Inc., a Louisiana corporation (the "Company"), and Harold O. Koch (the "Employee") is dated as of January 1, 1996 (the "Agreement Date"). WHEREAS, Employee...Employment Agreement • February 14th, 1996 • Akorn Inc • Wholesale-drugs, proprietaries & druggists' sundries • Louisiana
ARTICLE IWarrant Agreement • October 24th, 2003 • Akorn Inc • Pharmaceutical preparations • New York
Grant ____ THIS DOCUMENT CONSTITUTES PART OF A PROSPECTUS COVERING SECURITIES ISSUED PURSUANT TO THE AKORN INC 2003 STOCK OPTIONS PLAN WHICH WILL BE REGISTERED WITH UNDER THE SECURITIES ACT OF 1933 UPON SHAREHOLDER APPROVAL OF THE PLAN. AKORN INC....Non-Qualified Stock Option Agreement • March 30th, 2004 • Akorn Inc • Pharmaceutical preparations • Louisiana
FIFTH AMENDMENTAkorn Inc • October 7th, 2002 • Pharmaceutical preparations • Illinois
EXHIBIT 4.9 REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • October 24th, 2003 • Akorn Inc • Pharmaceutical preparations • New York
Grant ____ THIS DOCUMENT CONSTITUTES PART OF A PROSPECTUS COVERING SECURITIES ISSUED PURSUANT TO THE AKORN INC 2003 STOCK OPTIONS PLAN, WHICH WILL BE REGISTERED UNDER THE SECURITIES ACT OF 1933 UPON SHAREHOLDER APPROVAL OF THE PLAN AKORN INC....Incentive Stock Option Agreement • March 30th, 2004 • Akorn Inc • Pharmaceutical preparations • Louisiana
SECOND AMENDMENT TO CREDIT AGREEMENT THIS SECOND AMENDMENT (this "Second Amendment"), dated as of June 30, 1998, is among AKORN, INC., a corporation organized under the laws of the State of Louisiana ("Akorn"), TAYLOR PHARMACEUTICALS, INC., a...Credit Agreement • July 29th, 1998 • Akorn Inc • Pharmaceutical preparations • Illinois
RECITALS:Akorn Inc • April 25th, 2001 • Pharmaceutical preparations • Illinois
Exhibit 10.22 SUPPLY AGREEMENT THIS SUPPLY AGREEMENT (the "Agreement") is entered into as of January 4, 2002, by and between AKORN, INC. a Louisiana corporation with its principal offices at 2500 Millbrook Drive, Buffalo Grove, Illinois 60089...Supply Agreement • April 16th, 2002 • Akorn Inc • Pharmaceutical preparations
SIXTH AMENDMENTAkorn Inc • October 7th, 2002 • Pharmaceutical preparations • Illinois
EXHIBIT 10.2 THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 OR ANY STATE SECURITIES LAWS. THIS NOTE MAY NOT BE SOLD, TRANSFERRED, ASSIGNED, OFFERED, PLEDGED OR OTHERWISE DISTRIBUTED UNLESS REGISTERED UNDER THE SECURITIES ACT OF...Akorn Inc • November 19th, 2003 • Pharmaceutical preparations • Illinois
AKORN, INC. AND WELLS FARGO BANK, NATIONAL ASSOCIATION, as Trustee INDENTURE Dated as of June 1, 2011 3.50% Convertible Senior Notes due 2016Indenture • June 2nd, 2011 • Akorn Inc • Pharmaceutical preparations • New York
INDENTURE, dated as of June 1, 2011, by and between AKORN, INC., a Louisiana corporation, as issuer (the “Company”, as more fully set forth in Section 1.01) and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as trustee (the “Trustee”, as more fully set forth in Section 1.01).
1 EXHIBIT 10.5 AMENDED AND RESTATED CREDIT AGREEMENT Dated as of September 15, 1999Credit Agreement • March 28th, 2000 • Akorn Inc • Pharmaceutical preparations • Illinois
AMENDED AND RESTATED CREDIT AGREEMENT dated as of April 16, 2019 among AKORN, INC. The Other Loan Parties Party Hereto, The Lenders Party Hereto, JPMORGAN CHASE BANK, N.A., as Administrative Agent, and BANK OF AMERICA, N.A., as Syndication Agent...Credit Agreement • April 17th, 2019 • Akorn Inc • Pharmaceutical preparations • New York
PROMISSORY NOTEForbearance Agreement • April 30th, 2002 • Akorn Inc • Pharmaceutical preparations
RECITALSRegistration Rights Agreement • October 24th, 2003 • Akorn Inc • Pharmaceutical preparations • Illinois
RECITALS:Credit Agreement • March 28th, 2000 • Akorn Inc • Pharmaceutical preparations • Illinois
RECITALS:Credit Agreement • April 25th, 2001 • Akorn Inc • Pharmaceutical preparations • Illinois
EXHIBIT 10.3 REAFFIRMATION OF SUBORDINATION AND INTERCREDITOR AGREEMENT To: NeoPharm, Inc. 150 Field Drive, Suite 195 Lake Forest, Illinois 60045 Attn: President and Chief Executive Officer Re: Subordination and Intercreditor Agreement (as amended,...Subordination and Intercreditor Agreement • November 19th, 2003 • Akorn Inc • Pharmaceutical preparations
WITNESSETH:Credit Agreement • July 29th, 1998 • Akorn Inc • Pharmaceutical preparations • Illinois
FOURTH AMENDMENTFourth • October 7th, 2002 • Akorn Inc • Pharmaceutical preparations • Illinois
AKORN, INC., AKORN (NEW JERSEY), INC., AVR BUSINESS TRUST, OAK PHARMCEUTICALS, INC., ADVANCED VISION RESEARCH, INC., ADVANCED VISION PHARMACEUTICALS, LLC, AND AKORN OPHTHALMICS, INC., as Borrowers LOAN AND SECURITY AGREEMENT Dated as of October __,...Loan and Security Agreement • October 13th, 2011 • Akorn Inc • Pharmaceutical preparations • Illinois
THIS LOAN AND SECURITY AGREEMENT (the “Agreement”) is dated as of October __, 2011, among AKORN, INC., a Louisiana corporation (“Akorn”), AKORN (NEW JERSEY), INC., an Illinois corporation (“Akorn NJ”), AVR BUSINESS TRUST, a Massachusetts business trust (“AVR BT”), OAK PHARMACEUTICALS, INC., a Delaware corporation (“Oak Pharma”), ADVANCED VISION RESEARCH, INC., a Massachusetts corporation (“AVR”), ADVANCED VISION PHARMACEUTICALS, LLC, a Delaware limited liability company (“AVP”), AKORN OPHTHALMICS, INC., a Delaware corporation (“Akorn Ophthalmics”), the Subsidiaries of Akorn who from time to time become party to this Agreement by joinder (such Subsidiaries, together with Akorn, Akorn NJ, AVR BT, Oak Pharma, AVR, AVP, and Akorn Ophthalmics, collectively, “Borrowers”), the financial institutions party to this Agreement from time to time as lenders (collectively, “Lenders”), and BANK OF AMERICA, N.A., a national banking association, as agent for the Lenders (“Agent”).
TRANCHE AAkorn Inc • July 26th, 2001 • Pharmaceutical preparations • Illinois
WITNESSETH:Negotiation Agreement • August 14th, 2003 • Akorn Inc • Pharmaceutical preparations • Illinois
AGREEMENT AND PLAN OF MERGER By and Among FRESENIUS KABI AG, QUERCUS ACQUISITION, INC., AKORN, INC. and FRESENIUS SE & CO. KGAA (solely for purposes of Article VIII) Dated as of April 24, 2017Agreement and Plan of Merger • April 24th, 2017 • Akorn Inc • Pharmaceutical preparations • Delaware
This AGREEMENT AND PLAN OF MERGER, dated as of April 24, 2017 (this “Agreement”), is by and among Fresenius Kabi AG, a German stock corporation (“Parent”), Quercus Acquisition, Inc., a Louisiana corporation and a wholly owned Subsidiary of Parent (“Merger Sub”), Akorn, Inc., a Louisiana corporation (the “Company”) and, solely for purposes of Article VIII, Fresenius SE & Co. KGaA, a German partnership limited by shares (“FK Parent”). Certain capitalized terms used in this Agreement are defined in Section 8.12.
GUARANTY AND COLLATERAL AGREEMENTGuaranty and Collateral Agreement • March 16th, 2007 • Akorn Inc • Pharmaceutical preparations
THIS GUARANTY AND COLLATERAL AGREEMENT dated as of October 7, 2003 (this “Agreement”) is entered into among AKORN, INC., a Louisiana corporation, (“Akorn”), AKORN (NEW JERSEY), INC., an Illinois corporation (“Akorn New Jersey” and together with Akorn, the “Companies”, each being a “Company”), and each other Person signatory hereto as a Grantor (together with any other Person that becomes a party hereto as provided herein, the “Grantors”) in favor of LASALLE BANK NATIONAL ASSOCIATION, as the Administrative Agent for all the Lenders party to the Credit Agreement (as hereafter defined).
EMPLOYMENT AGREEMENTEmployment Agreement • December 17th, 2018 • Akorn Inc • Pharmaceutical preparations • Illinois
THIS EMPLOYMENT AGREEMENT (this “Agreement”), entered into on the 11th day of December, 2018, by and between Akorn, Inc., a corporation incorporated under the laws of Louisiana (the “Company”), and Jonathan Kafer (“Executive Officer”).
Exhibit 10.21 December 10, 2001 To: Akorn, Inc. Akorn (New Jersey), Inc. Re: Proposed Loan from NeoPharm, Inc. Gentlemen: Reference is made to (i) the Forbearance Agreement dated as of July 12, 2001 (the "Forbearance Agreement"), by and among Akorn,...Akorn Inc • October 7th, 2002 • Pharmaceutical preparations
LOAN AGREEMENT dated as of April 17, 2014 among AKORN, INC. The Other Loan Parties Party Hereto The Lenders Party Hereto, JPMORGAN CHASE BANK, N.A., as Administrative Agent, and BANK OF AMERICA, N.A., DEUTSCHE BANK AG NEW YORK BRANCH and MORGAN...Loan Agreement • April 23rd, 2014 • Akorn Inc • Pharmaceutical preparations • New York
LOAN AGREEMENT dated as of April 17, 2014 (as it may be amended or modified from time to time, this “Agreement”) among AKORN, INC., the other Loan Parties party hereto, the Lenders party hereto, and JPMORGAN CHASE BANK, N.A., as Administrative Agent.
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • November 20th, 2007 • Akorn Inc • Pharmaceutical preparations • New York
SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of November 14, 2007, by and among Akorn, Inc., a Louisiana corporation with headquarters located at 2500 Millbrook Drive, Buffalo Grove, Illinois 60089 (the “Company”), and Serum Institute of India Ltd., a Company incorporated under the laws of India, having its principal place of business at S. No. 212/2, OffSoli Poonawalla Road, Hadapsar, Pune — 411 028, Maharashtra, India (“Investor”).
ContractVoting Agreement • April 24th, 2017 • Akorn Inc • Pharmaceutical preparations • Delaware
VOTING AGREEMENT dated as of April 24, 2017 (this “Agreement”), among FRESENIUS KABI AG, a German stock corporation (“Parent”), and each of THE INDIVIDUALS AND OTHER PARTIES LISTED ON SCHEDULE A ATTACHED HERETO (each, a “Shareholder” and, collectively, the “Shareholders”).
RECITALSSubordination and Intercreditor Agreement • November 19th, 2003 • Akorn Inc • Pharmaceutical preparations
CREDIT AGREEMENTCredit Agreement • July 29th, 1998 • Akorn Inc • Pharmaceutical preparations • Illinois
SALES AND MARKETING AGREEMENTSales and Marketing Agreement • September 27th, 2004 • Akorn Inc • Pharmaceutical preparations • New York
This Sales and Marketing Agreement, (“Agreement”) is made and entered into as of September 22, 2004 (“Effective Date”), by and between Akorn-Strides, LLC, a Delaware limited liability company having a principal place of business at 2500 Millbrook Drive, Buffalo Grove, Illinois 60089-4694 (“A-S”), and Akorn, Inc., a Louisiana corporation having a principal place of business at 2500 Millbrook Drive, Buffalo Grove, Illinois 60089-4694 (“Akron”), (each a “Party” and collectively the “Parties”).
